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Malanowski v. Workers' Compensation Appeal Board11/21/2002
Christine Malanowski (Claimant) petitions for review of the June 18, 2002, order of the Workers' Compensation Appeal Board (WCAB) that affirmed the decision of a workers' compensation judge (WCJ) granting the termination petition filed by Chatam College (Employer). We affirm.
Claimant worked for Employer as a heavy cleaner. On January 4, 1996, Claimant sustained a work-related injury to her back, and she received total disability benefits pursuant to a notice of compensation payable. Claimant returned to modified/light duty work with Employer, but on January 18, 2000, Employer eliminated Claimant's light duty position and reinstated total disability payments.
On June 19, 2000, Employer filed a termination petition alleging that Claimant had fully recovered from her injury as of June 5, 2000. Claimant filed a timely answer, and the case was assigned to a WCJ.
Claimant testified that she has pain in her neck and lower back that spreads into her buttocks, left leg and toes. She testified that she has difficulty walking, standing, sitting and bending. Claimant also stated that neck pain prevents her from reading for any length of time and that certain movements while driving cause pain in her neck and headaches. Claimant testified that her pain varies according to her degree of activity. Claimant stated that she continues to see her treating physician, John K. S. Lee, M.D., every six weeks and takes several medications on a daily basis.
Claimant also presented the deposition testimony of Dr. Lee, who is board-certified in physical medicine, electrodiagnostic medicine, pain management, forensic medicine and psychological specialties. Dr. Lee first examined Claimant in 1996, at which time Claimant complained of back pain that radiated into her buttocks and left leg, tingling in her toes and sharp pain in her neck and between her shoulder blades. Dr. Lee testified concerning his course of treatment, which included acupuncture with electrical stimulation, therapeutic exercises, physical therapy, education and medication.
According to Dr. Lee, by January of 2000, Claimant had made fair to good progress with conservative care. However, in May of 2000, Claimant reported increased pain after gardening for one hour. Dr. Lee testified that the results of a functional capacity test performed in October of 2000 were the same as the results obtained in 1996, reflecting a high level of spine restriction and no significant progress.
Dr. Lee explained that once the normal three-month healing period had passed, he determined that Claimant's condition was chronic and, as with other chronic conditions, it could not be cured, but only managed. Dr. Lee also stated that he saw no signs of symptom magnification. As of October, 2000, Dr. Lee diagnosed Claimant with dorsal lumbosacral pain syndrome, reoccurrence of pain with workload, derangement of the left sacroiliac joint and spasm in the low back. Dr. Lee opined that Claimant is only able to return to sedentary work.
In support of its petition, Employer presented the deposition testimony of Robert P. Durning, M.D., a board-certified orthopedic surgeon. Dr. Durning examined Claimant on June 5, 2000, at Employer's request. Dr. Durning testified that Claimant's cervical lordosis was normal and there was no muscle spasm in the front or back of the neck. He stated that examination of the upper trunk shoulder girdles was normal, with no abnormalities in the muscles or in the soft tissue. Dr. Durning testified that he found no weakness in any of the important muscle groups in the upper extremities, Claimant's lumbar lordosis was normal, and there was no atrophy or asymmetry of the paraspinal muscl
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